FareSpotter > Terms of Use

Terms of Use

FareSpotter.net (this "Site") is provided by FareSpotter, LLC (the "Company") and is offered to you, the user, conditioned on your acceptance without modification of these Terms of Use. Your use of this Site constitutes your agreement to the Terms of Use. As a condition of your use of this Site and the Publications, you warrant to Company that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. The Company may, in its sole discretion, modify or revise these terms at any time by updating this Terms of Use policy. You are bound by any such modification or revision and should therefore review our Terms of Use policy frequently. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Site.

Section 1. Copyright

All materials on the Site, including, without limitation, the logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2008 FareSpotter, LLC and/or its suppliers and partners. ALL RIGHTS RESERVED. You may not reproduce, copy or redistribute the design, content or layout of the Site, individual elements of the Site design, Site logos or other logos appearing on this Site, photographs, and graphics, without the express written permission of the Company. The Company and the names of Company products and/or services referenced herein are trademarks or registered trademarks of Company. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks or service marks of their respective owners. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of the Company or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Section 2. Licenses

The Company grants you a limited license to make personal, non-commercial use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product or service listings or descriptions; (c) the use of the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (d) making derivative uses of the Site and its contents; or (e) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the Company's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Company name, trademark or product name without Company's express written consent. Any rights not herein granted are reserved.

Section 3. Eligibility to Use the Site

The Site is available only to users that can form legally binding contracts under applicable law. Any registration by, use of, or access to the Site by anyone under 14 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 14 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Use. Your membership may be terminated and any profiles you have created may be deleted if we believe you are less than 14 years of age.

Section 4. Liability Disclaimer

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT SELL TRAVEL PRODUCTS OR SERVICES AND ONLY HELPS YOU SEARCH FOR TRAVEL PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES AND LINKS YOU TO SUCH THIRD PARTY SITES THAT MAY OFFER THE PRODUCTS AND SERVICES YOU SEEK. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY THE COMPANY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF TRAVEL SERVICES PURCHASED FROM TRAVEL COMPANIES LISTED ON THE SITE SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS, AND TRAVEL VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO THE COMPANY AND THE COMPANY HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES. THE COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Section 5. Links to Third Party Sites

The Site may contain hyperlinks to Web sites operated by parties other than the Company. Such hyperlinks are provided for your reference only. Company does not control such Web sites and is not responsible for their contents. Company's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.

Section 6. Indemnification

You agree to indemnify and hold harmless the Company from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.

Section 7. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Section 8. Copyright Infringement and Agent

The Company makes every attempt to respect the intellectual property of others. If you believe that your work has been used on the Site in a manner that constitutes copyright infringement, please provide Company's Copyright Agent with a written notice that includes the following information:
  • An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act upon the copyright owner's behalf.

The Company's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail: FareSpotter, LLC; Attn: Copyright Agent; 711 S. Carson Street, Suite 4; Carson City, NV 89701

By email: copyright@farespotter.net

Section 9. Privacy Policy

The Company is concerned with protecting your privacy. You may read the most recent published privacy policy statement by clicking here. This policy may be changed at any time, with or without written notice. All changes to the privacy policy will be posted at the above URL, and we recommend that you review our privacy policy regularly.

Section 10. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the Superior Court of Carson City, Nevada, or the United States District Court for the District of Nevada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Section 11. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Section 12. Compliance with Laws

Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Company's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Company with respect to such use.

Section 13. Termination

You acknowledge that the Company may establish general practices and limits concerning use of the Site. You agree that the Company has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Site. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Section 14. Entire Agreement

These Terms of Use constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.